Administrative License Suspensions (ALS) Withdrawn in NH DWI cases

ROCKINGHAM COUNTY (November, 2022). Two DWI clients of Attorney O'Keefe had their administrative license suspensions withdrawn by the State. Each case was different, however, both cases involved some deficiencies in the DWI investigation that enabled us to secure ALS withdrawals. Why is this important? If you are arrested for DWI in New Hampshire, the court battle is only part of the equation. The police can choose whether they request a blood or breath sample from a suspect upon probable cause to arrest for DWI. If you refuse the requested chemical test, the DMV will suspend your license for 6 months for a 1st offense. The DMV will take the same action if you blow .09 or higher or provide a blood sample of .08 or higher. This license suspension runs consecutively with any court ordered license loss if one refuses chemical testing and concurrent with any court suspension if a chemical sample is provided. This is a significant license loss and there is no hardship or Cinderella license available for any ALS suspension. Sometimes, the ALS can be negotiated away and dismissed by the police. Other times, a DWI defense attorney has to represent the client at a DMV hearing to try to avoid that ALS suspension.